Form -- Application for Temporary Protected Status

By WORLDLawDirect  [August 21st, 2011]

Application for Temporary Protected Status

[I-821, Application for Temporary Protected Status]

IMPORTANT: Information on this site may be outdated. For up-to-date instructions and filing fees check always with the USCIS site: http://www.uscis.gov/forms

Purpose of Form :

To apply for a temporary immigration status granted to eligible nationals of designated countries.

Number of Pages :

7

Edition Date :

10/26/05. Prior versions acceptable.

Where to File :

The filing address for your Form I-821 may vary depending on your country. Please see Information about Temporary Protected Status for more details.

Filing Fee :

$50.00

Special Instructions :

Note on Filing Fee :

$50 for first time applicants. There is no application fee for re-registration. A $70 fee for biometrics may be required.

Please consult the "Paying Fees" section of your local office or Service Center page to learn which forms of payment are accepted. Acceptable forms of payment may vary by office. Checks should be made payable to Department of Homeland Security or U.S. Citizenship and Immigration Services.

Download I-821 (842KB PDF)

Department of Homeland Security U.S. Citizenship and Immigration Services OMB No. 1615-0043; Exp. 07/31/07 I-821, Application for Temporary Protected Status

Instructions

NOTE: This revision of Form I-821 updates instructions required for TPS registration and re-registration at questions 7 and 10(B) on Page 2. This revision also combines instructions in questions 7 and 13 from prior editions of this form into a new question 7 on Page 2. The new question 7 updates instructions on biometric services.

Please read these instructions carefully to properly complete this form. If you need more space to answer a question, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A#) at the top of each sheet and indicate the number of the item to which the answer refers. An incomplete application may be returned to you, causing a delay in the processing of your application. The U.S.Citizenship and Immigration Services (USCIS) is comprised of offices of the former Immigration and Naturalization Service (INS).

1. Who May File for TPS?

You must be an eligible national of a foreign state (or parts thereof) or an alien having no nationality who last habitually resided in a foreign state that has been designated for Temporary Protected Status (TPS) by the Secretary of the Department of Homeland Security pursuant to section 244A of the Immigration and Nationality Act. You should check with the nearest office of USCIS for designations currently in force or visit our website at www.uscis.gov.

2. What Documents Should You Submit?

You do not need to provide original documents with this application.

You must give USCIS copies of documents to prove you are a national of the country designated for TPS, your date of entry into the United States, and your U.S. residence. In addition:

A. In certain circumstances, USCIS may ask you to submit original documents.

B. Copies of documents in a foreign language must be accompanied by an English translation. The translator must certify that the translation is accurate and that he or she is competent to translate the foreign language into English.

C. Documentation exception: If you are filing this application for annual registration, re-registration, or renewal of temporary treatment benefits (Parts 1 and 2 on Form I-821), you do not have to submit any copies of documentation. You may, however, be asked for additional information and/or documentation in certain circumstances.

3. What Documents Do You Need to Prove Identity and Nationality?

Submit any of the following:

A. Passport;

B. Birth certificate accompanied by photo identification; or

C. Any national identity document from your country of origin bearing your photo and/or fingerprint.

4. What Documents Do You Need to Prove Date of Entry Into the United States?

Submit any of the following documents:

A. Passport;

B. I-94 Arrival/Departure Record; or

C. Copies of documents specified in item Number 5 below.

5. What Documents Do You Need to Prove Residence in the United States?

Submit any relevant documents such as:

A. Employment records (e.g., pay stubs, W-2 Forms, certification of the filing of Federal income tax returns, state verification of the filing of state income tax returns, letters from employer(s) or, if you are self employed, letters from banks and other firms with whom you have done business.

NOTE: In all of these documents, your name and the name of the employer or other interested organization must appear on the form or letter, as well as relevant dates. Letters from employers must be in affidavit form and shall be signed and attested to by the employer under penalty of perjury.

Such letters must include: (1) your address(es) at the time of employment; (2) exact period(s) of employment; (3) period(s) of layoff; (4) duties with the company. If the employment records are unavailable, submit an affidavit form-letter explaining why these records cannot be obtained. This affidavit form-letter shall be signed and attested to by the employer under penalty of perjury.

B. Rent receipts, utility bills (gas, electric, phone, etc.), receipts, or letters from companies showing the dates during which you received service.

C. School records (letters, report cards, etc.) from the schools that you or your children have attended in the United States, showing the name(s) of the schools and periods of school attendance.

D. Hospital or medical records concerning treatment or hospitalization of you or your children, showing the name of the medical facility or physician and the date(s) of the treatment or hospitalization.

E. Attestations by churches, unions or other organizations to your residence identifying you by name. The attestation must be signed by an official (whose title is shown); show inclusive dates of membership; state the address where you resided during membership period(s); include the seal of the organization impressed on the letter or the letterhead of the organization, if the organization has letterhead stationery; establish how the author knows you; and establish the origin of the information being attested to.

F. Additional documents may include money order receipts for money sent in or out of the country; passport entries; birth certificates of children born in the United States; dated bank transactions; correspondence between you and another person or organization; U.S. Social Security card; Selective Service card; automobile license receipts, title, vehicle registration, etc.; deeds, mortgages, contracts to which you have been a party; tax receipts; insurance policies; receipts; letters; or

G. Any other relevant document.

6. What If Documents Are Not Available?

If documents are not available, you may give USCIS an affidavit showing proof of unsuccessful efforts to obtain the documents, explaining why the consular process is unavailable (for identity documents), and affirming that you are a national of the designated state. (USCIS may require a statement from the appropriate issuing authority, certifying that the document is not available.) Affidavits may also be used to help prove your date of entry into the United States and residence in the United States.

7. Will TPS Applicants Need to Provide

Fingerprints and Photographs?

  • Except as noted below, all applicants for initial registration, re-registration or renewal of temporary treatment benefits will have a full set of biometrics (fingerprints, photograph, and a signature) collected at an Application Support Center (ASC), and must submit the $70.00 biometrics services fee.
  • TPS applicants under 14 years of age who are not filing for an EAD are exempt from biometrics collection and the associated biometrics fee.
  • USCIS may, in its discretion, waive the collection of certain biometrics such as fingerprints and signatures.

If the Federal Register notice announcing the designation or extension of a particular country requires photos to be submitted with the application, attach two standard passport-style color photos of you taken within 30 days of submission of this application. The photos should be 2x2 inches in size and have a white background. The photos should be glossy and not retouched or mounted. The dimension of the facial image should be about 1 inch to 1 3/8 inches from the chin to the top of the hair in a full frontal view. Using a pencil or felt pen, lightly print your name and Alien Registration Number (A#), if any, on the back of the photographs.

8. How Should You Prepare This Form?

A. Type or print legibly in black ink.

B. If you need extra space to complete any item, attach a continuation sheet, indicate the item number and date and sign each sheet.

C. Answer all questions fully and accurately. If any item does not apply, please write "N/A."

9. Where Should You File This Form?

The USCIS office having jurisdiction over your place of residence will accept this application, either in person or through the mail, or both. For filing instructions, please inquire by calling the USCIS National Customer Service Center at 1-800-375-5283.

10. What Is the Fee?

A. An initial (i.e.,) first-time) applicant must submit:

A $50.00 application fee for the Form I-821; and

A $70.00 fee for biometric services, including fingerprints, photograph and signature, if required. (See No. 7, Will TPS Applicants Need to Provide Fingerprints and Photographs?); and

A $180.00 fee for the Form I-765, Application for Employment Authorization, if you are between the ages of 14 and 64 years and seeking employment.

B. An applicant for TPS re-registration or renewal of temporary treatment benefits must submit:

A $70.00 fee for biometric services, including fingerprints, photograph and signature, if required. (See No. 7, Will TPS Applicants Need to Provide Fingerprints and Photographs?); and

A $180.00 fee for the Form I-765, Application for Employment Authorization, if you wish to apply for employment authorization.

C. The fee must be submitted in the exact amount. It cannot be refunded. Do Not Mail Cash. All checks and money orders must be drawn on a bank or other institution located in the United States and must be payable in United States currency. Please assure that if a check or money order is drawn on the account of a person other than yourself, your name appears in the lower left corner on the face of the check or money order. If the check is not honored, USCIS will charge you $30.00.

Make the check or money order payable to the Department of Homeland Security, except:

  • If you live in Guam and are filing your application there, make the check or money order payable to ''Treasurer, Guam'' or;
  • If you live in the U.S. Virgin Islands and you are filing your application there, make the check or money order payable to "Commissioner of Finance of the Virgin Islands."

NOTE: When preparing a check or money order, spell out Department of Homeland Security. Do not use the initials "USDHS" or "DHS."

How to Check If the Fees Are Correct.

The fees on this form are current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:

  • Visit our website at www.uscis.gov and scroll down to "Forms and E-Filing" to check the appropriate fees, or
  • Review the Fee Schedule included in your form package, if you called us to request the form, or
  • Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.

NOTE: If your petition or application requires a biometric services fee for USCIS to take your fingerprints, photograph or signature, you can use the same procedure above to confirm the biometrics fee.

11. Are You Also Required to File Form I-765, Application for Employment Authorization?

A. Yes. Each applicant, regardless of age, must also submit a completed Form I-765, even if employment authorization is not being requested.

If your application for TPS is granted and you want to travel outside the United States and return, you must request advance parole from USCIS by filing a Form I-131, Application for Travel Document, with the appropriate USCIS office. A Form I-512 travel document will be issued to you if your request is granted.

B. As noted in No. 10, What Is the Fee?, only those applicants requesting employment authorization must pay the fee for Form I-765.

12. May the Filing Fees for Forms I-821 and I-765 Be Waived?

Yes. If you are unable to pay the filing fees, 8 CFR 103.7(c) states that you may apply for a waiver of the filing fees. In order to obtain a fee waiver, you must submit with these forms a written statement, made under oath, affirmation, or pursuant to 28 USC 1746, under penalty of perjury. In the written statement you must state that you believe you are eligible for TPS and that you want the filing fees waived. You must also explain why you are unable to pay the required fees.

13. What If I Change My Address?

If you change your address after filing for TPS, you must complete and mail us a Form AR-11, Alien's Change of Address Card. Enclose the AR-11 in an envelope addressed to the office having jurisdiction over your residence. Include copies of your application and any USCIS documents or correspondence relating to your case.

NOTE: If you informed your U.S. Post Office but not USCIS about your address change, please be advised that the Postal Service will not forward USCIS mail to you. The mail will be returned to USCIS as undeliverable.

14. What Is Our Authority for Collecting This Information?

We request the information on the form to carry out the immigration laws contained in Title 8, United States Code, Section 1154(a). We need this information to determine whether you are eligible for immigration benefits.

The information you provide may also be disclosed to other federal, state, local, and foreign law enforcement and regulatory agencies. You do not have to give this information. However, if you do not give some or all of the requested information, your application may be denied.

15. Do You Need USCIS Forms or Information?

To order USCIS forms, call our toll-free forms line at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations or procedures by calling our National Customer Service Center at 1-800-375-5283 or visiting our internet website at www. uscis.gov.

16. Need to Make an Appointment at a USCIS Office? Use InfoPass.

As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our internet-based system, InfoPass. To access the system, visit our website at www.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen. Print the notice and take it with you to your appointment. The notice gives the time and date of your appointment, along with the address of the USCIS office.

17. Reporting Burden.

Under the Paperwork Reduction Act, an agency may not conduct or sponsor an information collection. A person is not required to respond to an information collection unless it displays a currently valid OMB control number.

We try to create forms and instructions that are accurate, can easily be understood and impose the least possible burden on you to provide us with information. Often this is difficult because some immigration laws are very complex.

The estimated average time to complete this application is 1 hour and 30 minutes computed as follows: 1) learning about the form and understanding the instructions, 30 minutes; 2) collecting the necessary supporting documents 15 minutes; 3) completing the form, 15 minutes; and 4) traveling to and waiting at a preparer's office (e.g. attorney or voluntary agency), 30 minutes.

If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the U.S. Citizenship and Immigration Services, Regulatory Management Division 111 Massachusetts Avenue N.W., Washington, DC 20529; OMB No. 1615-0043. Do not mail your completed application to this address.